If you’re helping a child apply for Special Immigrant Juvenile Status (SIJS), one of the first questions you’ll probably ask is: How long will this take? The truth is, there isn’t a one-size-fits-all answer. The SIJS process involves several steps, each with its own timeline and set of challenges. Some cases move quickly, while others take years, depending on factors like court schedules, visa availability, and USCIS processing times. At Rahimi Law Firm, P.C., we help families in New York understand the process and stay informed through every phase.
Step 1: Family Court Findings
The SIJS process begins in Family Court. This step involves asking a judge to issue what’s called a “special findings order.” In simple terms, the court must declare that the child cannot reunite with one or both parents due to abuse, neglect, or abandonment. The court must also find that it would not be in the child’s best interest to return to their home country.
How long this step takes depends on a few things:
- The court’s availability
- Whether one or both parents need to be served with notice
- Whether the case is contested
In many New York counties, it may take several months to schedule and complete the hearing. If everyone involved is cooperative and paperwork is in order, it can move faster. However, delays are common when there are objections or missing documents.
Step 2: Filing Form I-360 with USCIS
Once the court issues the required order, the next step is filing Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This is the part of the process handled by U.S. Citizenship and Immigration Services (USCIS).
Along with the form, we submit the family court order and supporting documents to show the child qualifies for SIJS. USCIS currently takes anywhere from 6 to 12 months to process Form I-360. That timeline can stretch if there’s a backlog or if the case is missing information.
If the child is from a country with a high volume of SIJS applications, such as Guatemala, El Salvador, or Honduras, getting an approved I-360 doesn’t automatically mean the child can apply for a green card right away. That brings us to the next step: the visa wait.
Step 3: Waiting for a Visa—The Priority Date Issue
Once Form I-360 is approved, USCIS assigns a “priority date” to the case. This date is important. It determines when the child can move forward with their green card application.
The U.S. government sets annual limits on how many green cards can be issued in each category, and some countries hit their caps quickly. When that happens, children with approved SIJS petitions must wait for their priority date to become current.
This wait can last months or even several years, depending on the child’s country of origin. For children from high-demand countries in Central America, the wait time is often the longest. We keep a close eye on the Department of State’s monthly Visa Bulletin to monitor when a client’s priority date is current.
Step 4: Adjustment of Status (Green Card Application)
Once the child’s priority date becomes current, we can file Form I-485 to apply for a green card. This is called adjustment of status.
This part of the process usually takes 8 to 14 months, depending on the local USCIS field office and how complete the application is. The child will need to attend a biometrics appointment and, in some cases, an interview. If everything goes smoothly, the green card will arrive in the mail.
While this step is more straightforward, mistakes in the paperwork or missing details can still lead to delays, so it’s essential to get it right the first time.
Why Working With a Lawyer Matters
Minor errors can slow things down for months. At Rahimi Law Firm, P.C., we make sure every step is handled correctly, so you don’t lose time fixing avoidable problems. We also track deadlines, manage filings, and respond to USCIS requests quickly. Our goal is to help you move forward with confidence and peace of mind.
Let’s Talk About Your SIJS Case
The SIJS process can be long and sometimes unpredictable, especially when visa backlogs come into play. However, understanding the steps and preparing for each one can make a big difference. If you’re wondering where your case stands or how to get started, we’re here to help. Contact Rahimi Law Firm, P.C. to schedule a consultation and find out how we can support your family through this process.